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HomeMy WebLinkAboutContract 61306CITY OF FORT WORTH, TEXAS CSC No. 61306 STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home -rule municipality ("CITY"), and Freese and Nichols, INC, authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Fort Worth Water Gardens — Project No. 104751. Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to $366,877.00 as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 1 of 15 Fort Worth Water Gardens 104751 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Designation of Engineer's Personnel (1) The ENGINEER and CITY shall agree upon the designation of the ENGINEER's "Project Manager" prior to starting work on contract. (2) ENGINEER shall inform CITY in writing of a proposed change to their designated project manager prior to making the change or immediately upon receiving notification that the designated project manager is separating employment with the ENGINEER. (3) ENGINEER shall provide resumes to the CITY of the proposed replacement project manager(s), who shall have similar qualifications and experience as the outgoing person, for review and approval. D. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 2 of 15 Fort Worth Water Gardens 104751 the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. E. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. F. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on -site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on -site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on -site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 3 of 15 Fort Worth Water Gardens 104751 (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. G. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. H. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. I. Record Drawings City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 4 of 15 Fort Worth Water Gardens 104751 Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. J. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance No. 25165-10-2021 (as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), Engineer acknowledges the MBE and WBE goals established for this Agreement and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. K. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 5 of 15 Fort Worth Water Gardens 104751 (3) notice of intended audits. ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. L. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. M. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. N. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. O. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. P. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: 12-08-2023 Page 6 of 15 the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. Q. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City -Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 7 of 15 Fort Worth Water Gardens 104751 The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third -Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third -party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or City of Fort Worth, Texas Fort Worth Water Gardens Standard Agreement for Engineering Related Design Services 104751 Revised Date: 12-08-2023 Page 8 of 15 person regarding the PROJECT a provision that such entity or person shall have no third -party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 9 of 15 Fort Worth Water Gardens 104751 C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 10 of 15 Fort Worth Water Gardens 104751 commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 11 of 15 Fort Worth Water Gardens 104751 claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if ENGINEER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 12 of 15 Fort Worth Water Gardens 104751 shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, ENGINEER: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 13 of 15 Fort Worth Water Gardens 104751 firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C - Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: CITY OF FORT WORTH Jesica McEachern Assistant City Manager Apr 22, 2024 Date: ATTEST: Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: Richard Zavala Director, Park & Recreation Department City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 14 of 15 BY: ENGINEER Freese and Nichols, INC. Wendy 13ann V0dy BonnAu (Apr 5, 202417:06 C4ir— Wendy Shabay Bonneau Vice President Date: Apr 5, 2024 Fort Worth Water Gardens 104751 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX APPROVE By. M&C No.: 24-0230 Douglas Black Sr Assistant City Attorney M&C Date:3/19/2024 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Seth Henry, Landscape Architect Park & Recreation Department City of Fort Worth, Texas Standard Agreement for Engineering Related Design Services Revised Date: 12-08-2023 Page 15 of 15 Fort Worth Water Gardens 104751 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C Review Page 1 of 2 CITY COUNCIL AGENDA Create New From This M&C DATE: 3/19/2024 REFERENCE NO.: CODE: SUBJECT: C TYPE: LOG NAME: PUBLIC HEARING: (CD 9) Authorize Execution of a Professional Services Agreement with Freese and Nichols, Inc., in the Amount Up to $366,877.00 for a Site Assessment Associated with the Renovation of the Fort Worth Water Gardens (2022 Bond Program) Official site of the City of Fort Worth, Texas 80WATER GARDENS RENOVATION **M&C 24- 0230 CONSENT NO RECOMMENDATION: It is recommended that the City Council authorize the execution of the professional services agreement with Freese and Nichols, Inc., in an amount up to $366,877.00 for a site assessment associated with the renovation of the Fort Worth Water Gardens (City Project No. 104751). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of the professional services agreement with Freese and Nichols, Inc., in an amount up to $366,877.00, for a site assessment associated with the renovation of the Fort Worth Water Gardens. Freese & Nichols, Inc., was one of nineteen engineering firms selected through the 2022 Professional Services RFQ to provide Civil, Structural, and MEP engineering services. The Fort Worth Water Gardens, a distinguished 4.3-acre urban park situated just south of the Fort Worth Convention Center, was designed by renowned architects Philip Johnson and John Burgee and completed in 1974. To address the various repairs and improvements needed, it is recommended that Freese & Nichols, Inc., with their previous experience in Water Gardens projects, undertake this site assessment. On October 31, 2023, the City Council authorized amendment #2 to a professional service agreement with Broaddus & Associates, Inc., for project management services associated with the renovation of the Fort Worth Convention Center (M&C 23-0930). Amendment #2, in the amount of $556,158.00 added project management services of the Fort Worth Water Gardens project. The purpose of this assessment is to evaluate the aging infrastructure, including pipes, pump systems, electrical, operating system software and concrete paving of the 50-year-old Water Gardens. The findings will determine replacement options and associated costs which can be considered prior to proceeding with the final design and construction of the improvements. The focus of the assessment is to determine the scope for infrastructure repairs and replacement. As part of the 2022 bond, the project will focus on the renovation and replacement of degrading infrastructure at the Fort Worth Water Gardens. Improvements may include but are not limited to pump and pipe replacement, concrete paving replacement/repair, lighting replacement/electrical system/tech improvements. Project budget for the Water Gardens is as follows: Fort Worth Water Gardens Renovation Project Management Contract Fee (funding allocated under Water Gardens contract run by Property Management) 2022 Bond Program $556,158.00 http://apps.cfwnet.org/council packet/mc_review.asp?ID=31937&councildate=3/19/2024 3/21/2024 M&C Review Page 2 of 2 Water Gardens Assessment Fee (current phase) $366,877.00 Design Documents, Design Fee (future phase) $800,000.00 Construction Contract (future phase) I $4,333,123.00 Administration Costs, FFE, etc. (future phase) $443,842.00 Total $6,500,000.00 This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Freese and Nichols, Inc., is in compliance with the City's Business Equity Ordinance by committing to 7\% MWBE participation on this project. The City's MWBE goal on this project is 7\% The Fort Worth Water Gardens are located in Council District 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2022 Bond Program Fund for the 22 Bond Water Garden project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Park and Recreation Department has the responsibility to validate the availability of funds. TO Fund Department ID Account Project ID Program Activity Budget Year Reference # (Chartfield 2) Amount FROM [Fund I Department Account I Project ID ID Program Activity Budget Year Reference # (Chartfield 2) Amount Submitted for City Manager's Office bv: Jesica L. McEachern (5804) Originating Department Head: Richard Zavala (5711) Additional Information Contact: Joel McElhany (5745) ATTACHMENTS 104751 Fort Worth Water Gardens Assessment Comp memo Signed RL.pdf (CFW Internal) 80Freese Nichols Water Gardens.xlsx (CFW Internal) 80WATER GARDENS RENOVATION funds availability.pdf (CFW Internal) Form 1295 Certificate 101128833 City of Fort Worth Water Gardens Assessment.pdf (CFW Internal) Map - Water Gardens.pdf (CFW Internal) http://apps.cfwnet.org/council packet/mc_review.asp?ID=31937&councildate=3/19/2024 3/21/2024 Attachment A - SCOPE OF SERVICES PROJECT UNDERSTANDING Freese and Nichols, Inc. (FNI) understands that, the purpose of the Fort Worth Water Gardens Assessment project is to evaluate the existing conditions and operation issues of the facility and provide recommendations and a rough order magnitude cost of construction for improvements of the Water Gardens. Areas to be assessed: - Overall Water Gardens - Active Water Pool - Aerated Water Pool Houston Street Pool - Commerce Street Pool - Quiet Pool - Pump Room #1 - Pump Room #2 See Attachment A for a preliminary list of known issues from previous projects and the various pre- proposal site visits and meetings with city staff. Currently, significant issues have been observed, as follows: - Water system (plumbing) issues with possible leaks - Concrete pavement failure and hardscape damage throughout the site - Storm drain system blockage - Landscape irrigation system failure - Decline in tree health - Electrical equipment and plumbing components are at the end (or past) their useful life - Intended water flow at fountains - Mechanical and electrical controls inoperable and or incompatible systems and components - Lighting levels The intent of all proposed improvements is to complement the original design character of the Water Gardens and seamlessly integrate them into the existing park, appearing as though they were part of the original development. Because of evolution in code requirements some modifications may be required. It is anticipated that FNI's recommendations and rough order magnitude cost will serve as a reference for future discussions, project budgeting, and the preparation of construction documents. The Water Gardens is an iconic 50 year old public amenity for the City of Fort Worth. FNI has a long history of working with the City of Fort Worth and the Parks Department at the water Gardens including: 2005 Comprehensive Renovations 2018 Quiet Pool Improvements Study 2020 South Wall Study Exhibit A Scope of Services Water Gardens Assessment This current assessment will build off the past work as appropriate with staff from these projects including Wendy Shabay Bonneau, Matt Milano, Jeff Hensley, Michael Robertson, Kendall King, and John Dewar assisting the current team. See Attachment C for an organizational chart of the current team. BASIC SERVICES FNI will render professional services for the below scope of work: A. Project Management 1. Attend project kick-off / scope validation meeting and monthly client meetings (virtual) 2. Attend three (3) stakeholder meetings (in -person) 3. Provide corporate support and maintain periodic client communications. 4. Internal kickoff meeting and internal bi-weekly meetings (virtual) 5. Quality control and quality assurance reviews 6. Monthly status reports and invoicing 7. Maintain scope, budget, and project schedule. B. Data Review / Base Map 1. Review, validate, and update the readily available project data provided by CITY and retained by FNI from previous projects. 2. Prepare an overall base map of the water gardens utilizing project data provided by CITY, FNI's available mapping, and readily available mapping/aerial photography sources such as Google, Bing, NCTCOG, etc. The base map shall be a compilation of existing information but shall incorporate basic labeling and appropriate minor linework adjustments, if any, justified by CITY's and FNI's field observations as may be necessary to facilitate accuracy of FNI's recommendations. 3. The base map shall include, at a minimum, the area within the project limits defined in Attachment B - Project Location Map. The project base map shall be suitable for use in both 22 x 34 inch (full size) and 11 x 17 inch (half size) formats, with black and white line work, labels, etc., and for use both with and without full -color aerial photo background. C. Assessment Report 1. Provide an assessment report for the entire Water Gardens consisting of five (5) pools and two (2) associated pump rooms, and overall grounds. 2. Include evaluation, recommendations for improvements, and a rough order of magnitude cost of construction for improvements. 3. Attend one (1) meeting with CITY staff to obtain direct input regarding current issues, conditions, operation, and activities programming and use. 4. Visit the project site to review, photographically document, and evaluate the condition and operation of the visually observable and readily accessible elements in the pools and pump rooms. Attachment A - Scope of Services 2024 Fort Worth Water Gardens Page 2 of 6 104751 Exhibit A Scope of Services Water Gardens Assessment D. The report will be organized by pool/area and pump room. Review and evaluation shall include, at a minimum, the following elements. Scope per discipline will include: 1. Mechanical / Plumbing: a. Chemical system controls b. Plumbing piping c. Air quality and noise levels in the office within pump room 2 d. Evaluate the system conditions, document pipe sizes, valve locations, and general equipment used e. Perform a pressure check on the existing pipe system to see if the existing pipe system is in working order 2. Electrical a. Evaluate the condition of the electrical system (including power distribution, switchgear, and other electrical equipment to determine the condition of the existing equipment) b. Evaluate lighting both within the pools and overall site lighting. Use a handheld light meter to obtain light level readings and make recommendations on upgrades as required. c. Equipment controls 3. Structural a. Evaluate concrete erosion. b. Identify significant rust and concrete spalling. c. Review and evaluate structural integrity including pool basin, seat walls, wet walls, water troughs, barrier walls, stairs, ramps, and landings. 4. Architecture a. Evaluate finishes for discoloration/mineral deposits. b. Evaluate existing elements and conditions for accessibility provisions. c. Determine deficiencies and advise of existing areas of non-compliance. d. Consider future construction and improvements and provide recommendations to improve accessibility. e. Life Safety Assessment: Evaluate code compliance and safety for the pump rooms regarding occupancy, safety and maintenance clearances to equipment, vertical circulation, chemical storage, etc. f. Signage and Wayfinding: Evaluate existing signage and wayfinding. 5. Landscape Architecture / fountain consultant a. Evaluate fountain filtration system/water quality system, debris collection, electric system, lighting, piping, electrical conduit. b. Examine the water effect elements (weir edges, diverters, nozzles) Attachment A - Scope of Services 2024 Fort Worth Water Gardens Page 3 of 6 104751 Exhibit A Scope of Services Water Gardens Assessment 6. Civil a. Review and evaluate pedestrian paving and site drainage. E. Prepare recommendations for improvements and develop high level concept designs to correct condition issues and deficiencies. Prepare narratives and exhibits as needed to illustrate and describe proposed recommendations. 1. FNI will develop a list of improvement recommendations for review with CITY. For each improvement item in the list FNI will develop one or two recommendations for how to achieve the improvement. For example, an improvement item may be to address dry areas on a fountain where water is intended to be flowing but is not. The solution(s) may be to (1) `shave' off a high spot or (2) increase water flow. The improvement recommendations list will address the items noted in page one of this scope of work and in the preliminary issues table in attachment A. These preliminary lists are not meant to be limiting as further items may be discovered during the more detailed assessment that is the focus of this project. 2. Prepare a rough order magnitude cost of construction for recommended improvements. 3. Prepare a report which includes existing conditions, evaluation narrative descriptions, photographs, recommendations, cost opinions, and simple color illustrative plan(s) (either CAD drafted or hand -drawn) with location, general layout, and labels/legend representing FNI's recommended improvements. a. The report format shall be 8.5x11 with 11x17 exhibits as appropriate. 4. FNI shall, at request of CITY, transmit to CITY electronic copies of FNI work product components including but not limited to data, photos, images, text, design concepts, cost opinions, etc. for project -related use by CITY including but not limited to project budgeting and coordination, slideshow preparation, stakeholder meetings, etc. F. Attend a total of two (2) review meetings (after the 60% and 90% deliverables) with CITY to review FNI'S conditions and operation evaluations. These submittal review meetings are intended to be in -person; however, some staff may join virtually. These meetings can be hosted at FNI's office in downtown Fort Worth or at a City facility. As improvement options are developed, short design review meetings may be appropriate and these will be scheduled on an as -needed basis and be either in -person, on -site , or virtual as appropriate. G. Finalize report incorporating input from CITY review. H. Meetings and Presentations (stakeholder summary) 1. Presentation to Downtown Fort Worth Inc. Assist CITY and/or make presentation on behalf of City. 2. Presentation to Parks Department Board. Assist CITY and/or make presentation on behalf of CITY. Attachment A - Scope of Services 2024 Fort Worth Water Gardens Page 4 of 6 104751 Exhibit A Scope of Services Water Gardens Assessment SPECIAL SERVICES FNI shall not be responsible for providing any special services for this project unless requested by CITY and agreed to by CITY and FNI in writing prior to performance of such services. CITY shall determine whether or not such services shall be considered `contingency services' or `additional services.' 1. Topographic survey 2. Boundary survey 3. Subsurface utility exploration (SUE) 4. Geotechnical analysis 5. Subsurface pipe routing determination 6. Soil analysis or percolation testing CLARIFICATIONS AND EXCLUSIONS 1. Basic Services shall not include any services or work products by FNI beyond those specifically described above. 2. CITY shall provide review, coordination, and submittals related to historic resources. 3. CITY shall provide review, coordination, and submittals related to tree preservation. 4. FNI will utilize and incorporate the data from previous projects performed at the Water Gardens into this report. 5. Preparation of preliminary/final construction documents and corresponding level of cost opinions and specifications for FNI's recommended improvements are not included in Basic Services. 6. Specific detailed technical site investigative services including but not limited to topographic survey, subsurface utility exploration, geotechnical analysis, subsurface pipe routing determination, and soil analysis or percolation testing which may be required for preparation of preliminary/final construction documents for FNI's recommended improvements are not included in Basic Services. 7. Bid Phase services (including but not limited to bid form or invitation preparation, bidding advertisement and coordination, recommended bidder list, attendance of pre -bid conference, response to requests for information, review/evaluation/tabulation of bids, and bidder selection) are not included in Basic Services. 8. Construction Phase services (including but not limited to attendance of pre -construction conference, review of construction sequencing, review of contractor submittals and shop drawings, attendance of construction progress/coordination meetings, review of contractor pay requests, construction site visits/inspections, preparation of construction observation reports or punch lists, and attendance of final walk-through) are not included in Basic Services. 9. Preparation of 3-D renderings, 3-D modeling, or 3-D visualization illustrations and/or videos are not included in Basic Services. 10. Coordination by FNI with entities or agencies other than CITY Park & Recreation Department is not included in Basic Services. Attachment A - Scope of Services 2024 Fort Worth Water Gardens Page 5 of 6 104751 Exhibit A Scope of Services Water Gardens Assessment 11. Evaluation and recommendation of improvements related to area lighting (non -water -feature -effect - related lighting), acoustics, sound/audio/wifi/other technology delivery is not included in Basic Services. 12. Revisions to FNI's recommendations, designs, cost opinions, or other deliverables previously reviewed and approved by CITY are not included in Basic Services. 13. Preparation, submittal, and/or coordination for regulatory review, processing, and/or approval of engineering, transportation, planning/zoning studies is not included in Basic Services. 14. CMAR coordination and meetings are excluded in this phase. 15. This proposal is valid for 90 days. DELIVERABLES 1. Base Map: FNI shall provide an electronic pdf, an electronic jpeg, and three (3) paper hardcopies of each size (22x34 and 11x17) and content version (with and without aerial photo as background. 2. 60% Report 3. 90% Report a. For both 60% and 90% deliverables, FNI shall provide an electronic pdf and three (3) plastic coil spiral bound full color paper hardcopies. Drawings shall be suitable for use in both 22 x 34 inch (full size) and 11 x 17 inch (half size) formats and for use both with and without full -color aerial photo background. 4. Final Report a. FNI shall provide an electronic pdf and twelve (12) plastic -coil -spiral -bound full color paper hardcopies. Any 11x17 exhibits shall also be provided as full size (22x34): Page 6 of 4 0 au 0 co 0 3- Wendy Shabay Bonneau Fountain Consultant Mechanical Architecture ea ap J Architecture Brett Bristow 1 1 Adam Young Brad Watson Kirk Milican Isaac Wood Wade Zemlock Scots Vaughn Thomison a Amy Raines 1 Homer Saenz Kathryn Moore c} 0 Bailey Watson Jeff Kirkland ATTACHMENT B COMPENSATION Fort Worth Water Gardens City Project No. 104751 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $366,877.00 as summarized in Exhibit B-1 — Engineer Invoice and Section IV — Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Park & Recreation Department monthly progress reports and schedules in the format required by the City. City of Fort Worth, Texas Attachment B - Compensation 2024 Fort Worth Water Gardens Page 1 of 3 B-1 ATTACHMENT B IV. Summary of Total Project Fees Firm COMPENSATION Primary Responsibility Fee Amount OA Prime ENGINEER Freese and Nichols, Inc. Design engineering $327,377 89% Proposed MWBE Sub-ENGINEERs Greenscape Pump Survey $39,500 11 % Services, Inc. Non-MWBE ENGINEERs None: TOTAL $ 366,877 100% Project Number & Name Total Fee MWBE Fee MWBE % 104751— Fort Worth Water Gardens $366,877 $ 39,500 11 % City MWBE Goal = 7% City of Fort Worth, Texas Attachment B - Compensation 2024 Fort Worth Water Gardens Page 2 of 3 ENGINEER Committed Goal = 11% B-2 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across work types and work phases. N/A City of Fort Worth, Texas Attachment B - Compensation 2024 Fort Worth Water Gardens Page 3 of 3 B-3 Attachment B - COMPENSATION COMPENSATION Client shall pay to Olsson for the performance of the Scope of Services a lump sum of Three Hundred Sixty-six Thousand Eight Hundred Seventy-seven dollars ($366,877.00) plus reimbursable expenses in accordance with the Reimbursable Expense Schedule attached to this agreement. The fee breaks down as follows: Engineering Services $327,377.00 Pump Service Consulting (MWBE) $39,500.00 Freese and Nichols shall submit invoices on a monthly basis, and payment is due within 30 calendar days of invoice. Page 1 of 1 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Design Services for Fort Worth Water Gardens City Project No. 104751 None. City of Fort Worth, Texas Attachment C 2024 Fort Worth Water Gardens Page 1 of 1 ATTACHMENT "D" PROJECT SCHEDULE Fort Worth Water Gardens City Project No. 104751 The ENGINEER will work in timely manner to meet the project delivery goals of the City. The understanding of the project timing is as follows: As Attached City of Fort Worth, Texas Attachment D — Schedule of Services 2024 Fort Worth Water Gardens Page 1 of 1 Attachment D Fort Worth Water Gardens Assessment rd Quart 4th Quad 1st Quar�2 War 3rd Quar 4th Quad 1st Quart2 Dal 3rd Quar 4th Quarr1st Quart 2 d D ari 3rd Qua ,Ibucker c�o�becla4ettNa P u Jul huc a cthl beua4etMa P u mlhurke cthl be a4etMa P u Imlhuka Critical Split """""""""" Finish -only 7 Baseline Milestone 2 Manual Summary l i Inactive Task Critical Split ." " ' ' " '"""""' Task Progress Duration -only Milestone • Project Summary ll Inactive Milestone Critical Progress Manual Task Baseline Summary Progress External Tasks Inactive Summary Task Start -only C Baseline Split Summary 1-1 External Milestone • Deadline a FW Wtr Grdns Preliminary schedule v06.mpp Page 1 of 2 o eeeeeeeee e ae e * e. e c Q o v e rdo_L-grr,g-i ►rli Tue 8/16/22 Tue 8/16/22 Tue 8/23/22 Tue 8/16/22 Fri 9/22/23 Thu 10/12/23 Wed 10/25/23 Fri 11/3/23 Fri 10/13/23 Tue 11/28/23 Tue 11/28/23 Tue 12/5/23 Tue 12/12/23 Tue 2/13/24 Tue 3/19/24 Wed 3/27/24 Thu 3/28/24 Thu 3/28/24 Thu 4/4/24 Fri 4/5/24 Thu 4/11/24 Fri 4/5/24 Fri 4/12/24 Printed: Thu 2/15/24 4:19 PM - N m v -, ,.o m m,2 tn 2 2 2 ry RI N N 2 N N 2 2 2 m m .i m M m 2 v v v v 4 l o Fort Worth Water Gardens Assessment Critical Split """""""""" Finish -only 7 Baseline Milestone 2 Manual Summary l i Inactive Task Critical Split ' " " ' ' " '"""""' Task Progress Duration -only Milestone • Project Summary l l Inactive Milestone Critical Progress Manual Task Baseline Summary Progress External Tasks Inactive Summary Task Start -only C Baseline Split Summary I-1 External Milestone • Deadline a FW Wtr Grdns Preliminary schedule v06.mpp Page 2 of 2 me, 90% to Client 1 day Tue 7/30/24 Tue 7/30/24 '0% 40 mr, 90% Client Review Period 10 days Wed 7/31/24 Tue 8/13/24 0% 46 mr, Schedule and Conduct 90% Review meeting 5 days Wed 8/14/24 Tue 8/20/24 0% mr, Schedule 90% Review Meeting 5 days Wed 8/14/24 Tue 8/20/24 0% 47 mr, 90% Review Meeting 1 day Tue 8/20/24 Tue 8/20/24 0% 49FF mr. 100% submittal Assessment Report 45 days Wed 8/21/24 Wed 10/23/24 0% mr. Prepare 100% Assessment report 20 days Wed 8/21/24 Wed 9/18/24 0% 48 me, 100% Inhouse QC 7 days Thu 9/19/24 Fri 9/27/24 0% 52 me, 100% (unsigned) to Client 1 day Mon 9/30/24 Mon 9/30/24 0% 53 ma 100% Client Review Period 10 days Tue 10/1/24 Mon 10/14/24 0% 54 ▪ 100% (unsigned) Review meeting 1 day Tue 10/15/24 Tue 10/15/24 0% 55 ▪ Prepare Final S&S Report 5 days Wed 10/16/24 Tue 10/22/24 0% 56 ▪ Submit S&S Assessment Report 1 day Wed 10/23/24 Wed 10/23/24 0% 57 ▪ City Review and pre -design 115 days Thu 10/24/24 Wed 4/9/25 0% ▪ Evaluate Improvements list 10 days Thu 10/24/24 Wed 11/6/24 0% 58 ▪ Develop Budget Objectives 10 days Thu 11/7/24 Wed 11/20/24 0% 60 wil Get City leadership concurrence of water garden 30 days Thu 11/21/24 Mon 1/6/25 0% 61 improvements and budget ▪ Design proposal development and City Council 65 days Tue 1/7/25 Wed 4/9/25 0% 62 approval ' NTP for Design Phase 0 days Wed 4/9/25 Wed 4/9/25 0% 63 NiS Design 195 days Thu 4/10/25 Mon 1/19/26 0% Conceptual Design 30 days Thu 4/10/25 Wed 5/21/25 0% 64 ▪ Design development 30 days Thu 5/22/25 Thu 7/3/25 0% 66 ▪ 60% Design 50 days Mon 7/7/25 Mon 9/15/25 0% 67 ▪ 90% Design 40 days Tue 9/16/25 Mon 11/10/25 0% 68 ▪ 100% Design 25 days Tue 11/11/25 Wed 12/17/25 0% 69 Printed: Thu 2/15/24 4:19 PM v 0 v v a 2 L in a 2, 2 e e e aa a e e e e e n n r r r r P. n P. P. m m m m$ m m m m ATTACHMENT "E" PROJECT LOCATION & MAP Fort Worth Water Gardens City Project No. 104751 The PROJECT is located in the southern end of Downtown Fort Worth adjacent to the Convention Center. See attachment for more information. City of Fort Worth, Texas Attachment E — Project Location & Map 2024 Fort Worth Water Gardens Page 1 of 1 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered bythe commercial general liabilityor commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non -owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non -owned autos is acceptable. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self -funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10) days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. Any deductible or self -insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first -dollar basis. City, at its sole discretion, may consent to alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. g• i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. Lines of coverage, other than Professional Liability, underwritten on a claims - made basis, shall contain a retroactive date coincidentwith or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims -made. k. Coverages, whether written on an occurrence or claims -made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 FREEAND-02 KSUTTON AC' ORO CERTIFICATE OF LIABILITY INSURANCE kii.,------- DATE (MM/DD/YYYY) 3/22/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ames & Gough 8300 Greensboro Drive Suite 980 McLean, VA 22102 CONTACT NAME: PHONE (A/C, No, EXt): (703) 827-2277 (AA/C, No):(703) 827-2279 ADDRESS: admin@amesgough.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : National Fire Insurance Company of Hartford A(XV) 20478 INSURED Freese and Nichols, Inc. 801 Cherry Street, Suite 2800 Fort Worth, TX 76102 INSURER B : Valley Forge Insurance Company A(XV) 20508 INSURER C : Continental Insurance Company A(XV) 35289 INSURER D : Travelers Casualty and Surety Company A++. XV 19038 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 7063394194 10/23/2023 10/23/2024 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TES((Ea RENTED occurrence) PREMIS $ 1,000,000 X Contractual Liab. MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE POLICY OTHER: X LIMIT APPLIES PECOT- PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X _ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED SCHEDULED AUTOS NON -OWNED AUTOS ONLY 7063394177 10/23/2023 10/23/2024 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ C X U UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE 7063394180 10/23/2023 10/23/2024 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED X RETENT ON $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICER/MEMBOER PROPRIETEXCLUDEDX? ECUTIVE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N / A 7063394213 10/23/2023 10/23/2024 X PER STATUTE OTH- ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Professional Liab. 107930947 10/23/2023 10/23/2024 Per Claim 5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROFESSIONAL LIABILITY AGGREGATE L MIT: $10,000,000 RE: Fort Worth Water Gardens Renovation Project 104751 City and its agents, officers, directors and employees are included as Additional Insured with respect to General Liability, Auto Liability, and Umbrella Liability when required by written contract. General Liability, Auto Liability and Umbrella Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. General Liability, Auto Liability, Umbrella Liability SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION Cityof Fort Worth 200 Texas Street Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FREEAND-02 LOC #: 1 KSUTTON AFRO ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY Ames & Gough POLICY NUMBER SEE PAGE 1 CARRIER SEE PAGE 1 ADDITIONAL REMARKS NAIC CODE SEE P 1 NAMED INSURED Freese and Nichols, Inc. 801 Cherry Street, Suite 2800 Fort Worth, TX 76102 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: and Workers Compensation policies include a Waiver of Subrogation in favor of the Additional Insured where permissible by state law and when required by written contract. 30-day Notice of Cancellation will be issued for the General Liability, Auto Liability, Umbrella Liability, Workers Compensation and Professional Liability policies in accordance with policy terms and conditions. Retro Date for the Professional Liability Policy is: 11/01/1965. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD